DWD 140.15 History History: Cr. Register, November, 1985, No. 359, eff. 12-1-85; renum. from ILHR 140.10 and am. (1) and (4), Register, June, 1997, No. 498, eff. 7-1-97.
DWD 140.16 DWD 140.16 Admissibility of evidence; administrative notice.
DWD 140.16(1)(1) Statutory and common law rules of evidence and rules of procedure applicable to courts of record are not controlling with respect to hearings. The administrative law judge shall secure the facts in as direct and simple a manner as possible. Evidence having reasonable probative value is admissible, but irrelevant, immaterial and repetitious evidence is not admissible. Hearsay evidence is admissible if it has reasonable probative value but no issue may be decided solely on hearsay evidence unless the hearsay evidence is admissible under ch. 908, Stats.
DWD 140.16(2) (2) The administrative law judge may take administrative notice of any department records, generally recognized fact or established technical or scientific fact having reasonable probative value but the parties shall be given an opportunity to object and to present evidence to the contrary before the administrative law judge issues a decision.
DWD 140.16 History History: Cr. Register, November, 1985, No. 359, eff. 12-1-85; renum. from ILHR 140.12 and am., Register, June, 1997, No. 498, eff. 7-1-97.
DWD 140.17 DWD 140.17 Form of decision.
DWD 140.17(1)(1) The administrative law judge may issue an oral decision at the hearing on the matters at issue but the judge shall confirm the oral decision with a written decision. The only decision which is appealable is the written decision.
DWD 140.17(2) (2) The written decision of the administrative law judge shall contain ultimate findings of fact and conclusions of law. The findings of fact shall consist of concise and separate findings necessary to support the conclusions of law. The decision shall contain the reasons and rationale which follow from the findings of fact to the conclusions of law.
DWD 140.17(3) (3) The decision of the administrative law judge shall specify the time limit within which any petition for commission review is required to be filed with the department or the commission under ch. 108, Stats., and ss. LIRC 1.02 and 2.01.
DWD 140.17 History History: Cr. Register, November, 1985, No. 359, eff. 12-1-85; renum. from ILHR 140.13, am. (2) and cr. (3), Register, June, 1997, No. 498, eff. 7-1-97.
DWD 140.18 DWD 140.18 Fees for representation of parties. No representative attorney may charge or receive from a claimant for representation in a dispute concerning benefit eligibility or liability for overpayment of benefits, or in any administrative proceeding under ch. 108, Stats., concerning such a dispute, a fee which, in the aggregate, is more than 10% of the maximum benefits at issue unless the department has approved a specified higher fee before the claimant is charged. When a request for waiver of the 10% limitation is received, the department shall consider whether extended benefits or any other state or federal unemployment benefits are at issue. Any request for waiver of the 10% limitation on fees shall be submitted in writing to the central administrative office of the bureau of legal affairs, unemployment insurance division, department of workforce development. The department is not authorized under s. 108.13, Stats., to assign any past or future benefits for the collection of attorney fees.
DWD 140.18 Note Note: The address of the central administrative office of the bureau of legal affairs, unemployment insurance division, department of workforce development is; 201 E. Washington Avenue, P.O. Box 8942, Madison, Wisconsin 53708-8942.
DWD 140.18 History History: Cr. Register, November, 1985, No. 359, eff. 12-1-85; renum. and am. from ILHR 140.17, Register, June, 1997, No. 498, eff. 7-1-97.
DWD 140.19 DWD 140.19 Departmental assistance for persons with disabilities and hearing impairments.
DWD 140.19(1) (1) The department may, at its own expense, provide a person to assist a person with a hearing impairment in communicating at a hearing, if the person with a hearing impairment notifies the department within a reasonable time prior to the date of the hearing and the department determines that the impairment is of a type which may hinder or prevent the person from communicating.
DWD 140.19(2) (2) If the person with a hearing impairment makes arrangements on his or her own behalf to have a person assist him or her in communicating, the department may reimburse such person for fees and travel expenses at the rate specified for interpreters under s. DWD 140.20, if the department determines that such person is necessary to assist the person with the hearing impairment in communicating.
DWD 140.19(3) (3) The department shall attempt to schedule hearings in buildings which have ease of access for any person with a temporary or permanent incapacity or disability. The administrative law judge may reschedule any hearing in which such a person who is a party or a necessary witness to the hearing does not have ease of access into the building in which the hearing is scheduled.
DWD 140.19 History History: Cr. Register, November, 1985, No. 359, eff. 12-1-85, r. (1) (intro.), renum. (1) (a) and (b) to 100.02 (30) and (17), renum. (2), (3) and (4) to (1), (2) and (3), Register, September, 1995, No. 477, eff. 10-1-95; am. Register, June, 1997, No. 498, eff. 7-1-97; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 2000, No. 537.
DWD 140.20 DWD 140.20 Witness and interpreter fees; travel expenses.
DWD 140.20(1)(1) The administrative law judge may authorize reimbursement to any witness subpoenaed by a party or any party who has already made reimbursement to such a witness for witness fees and travel expenses. The administrative law judge may also require reimbursement for an interpreter who is necessary to interpret testimony of a witness offered at the hearing.
DWD 140.20(2) (2) The department may refuse to reimburse a witness subpoenaed on behalf of a party other than the department for witness fees or travel expenses if the administrative law judge determines that the testimony was not relevant or material to the issue of the hearing.
DWD 140.20(3) (3) No witness subpoenaed on behalf of or requested to appear by the department is entitled to prepayment of witness fees or travel expenses but any such witness who appears at the hearing shall be paid the fees and travel expenses provided under sub. (4).
DWD 140.20(4) (4) The fees of witnesses and interpreters are:
DWD 140.20(4)(a) (a) For witnesses, $16.00 per day.
DWD 140.20(4)(b) (b) For expert witnesses, the rate set under s. 814.04 (2), Stats., plus the fees under pars. (a) and (d).
DWD 140.20(4)(c) (c) For interpreters, $35.00 per half day.
DWD 140.20(4)(d) (d) For travel expenses, 20 cents per mile from the witness' or interpreter's residence in this state to the hearing site and back or, if without the state, from the point at which the witness passes the state boundary to the hearing site, and back or, if without the state, from the point at which the witness passes the state boundary to the hearing site, and back.
DWD 140.20 History History: Cr. Register, November, 1985, No. 359, eff. 12-1-85; am. (1), (2), (4) (c) and (d), Register, June, 1997, No. 498, eff. 7-1-97.
DWD 140.21 DWD 140.21 Transcripts and recordings.
DWD 140.21(1) (1) Copies of hearing transcripts may be obtained from the labor and industry review commission under s. LIRC 1.045.
DWD 140.21(2) (2) Under s. 108.09 (5), Stats., if testimony at a hearing is recorded, the department may furnish a person with a copy of the hearing recording in lieu of a transcript. The fee is $7.00 per compact disk. The department may waive this fee if the department is satisfied that the person is unable to pay.
DWD 140.21 Note Note: Requests for hearing recordings and waivers of fees may be made to the Bureau of Legal Affairs, Unemployment Insurance Division, Department of Workforce Development, 201 E. Washington Avenue, P.O. Box 8942, Madison, Wisconsin 53708-8942.
DWD 140.21 History History: Cr. Register, November, 1985, No. 359, eff. 12-1-85; am. (2) and (3) and r. (4), Register, June, 1997, No. 498, eff. 7-1-97; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register June 2007 No. 618; CR 08-019: am. (title) and (2), r. (3) Register July 2008 No. 631, eff. 8-1-08.
DWD 140.22 DWD 140.22 Standard affidavit form.
DWD 140.22(1) (1) In general.
DWD 140.22(1)(a)(a) Personal knowledge is the recognition of facts through firsthand observation or experience.
DWD 140.22(1)(b) (b) Information and belief is not based on firsthand observation or experience but is based on secondhand information that is sworn as true.
DWD 140.22(1)(c) (c) The department's standard affidavit form for appeals under ss. 108.09 and 108.10, Stats., is available at the department's website or by requesting a copy from the hearing office.
DWD 140.22 Note Note: The standard affidavit form can be found at the department's website: http://www.dwd.wisconsin.gov or by contacting any of the following hearing offices:
DWD 140.22 Note Eau Claire Hearing Office
DWD 140.22 Note 715 S. Barstow Street, Suite #1
DWD 140.22 Note Eau Claire, WI 54701
DWD 140.22 Note Fox Valley Hearing Office
DWD 140.22 Note 54 Park Place, Suite 800
DWD 140.22 Note Appleton, WI 54914
DWD 140.22 Note Madison Hearing Office
DWD 140.22 Note 3319 W. Beltline Hwy., Room E308
DWD 140.22 Note P.O. Box 7975
DWD 140.22 Note Madison, WI 53707-7975
DWD 140.22 Note Milwaukee Hearing Office
DWD 140.22 Note 819 N. 6th Street, Room 382
DWD 140.22 Note Milwaukee, WI 53203
DWD 140.22(2) (2)Affidavit requirements.
DWD 140.22(2)(a)(a) An affidavit must contain all of the following information:
DWD 140.22(2)(a)1. 1. The name and address of the affiant.
DWD 140.22(2)(a)2. 2. The signature or mark of the affiant.
DWD 140.22(2)(a)3. 3. The date the statement was sworn.
DWD 140.22(2)(a)4. 4. The signature or mark of the notary public or other person authorized by law to verify sworn statements.
DWD 140.22(2)(a)5. 5. The county and state where the statement was sworn.
DWD 140.22(2)(b) (b) An affidavit based upon information and belief must state the source of the information and the grounds for the belief.
DWD 140.22(3) (3)Procedure.
DWD 140.22(3)(a)(a) A party may submit an affidavit as a potential exhibit by simultaneously delivering the affidavit to the hearing office and a copy to the other party. The administrative law judge conducting the hearing may refuse to consider an affidavit not received by the hearing office and the other party at least 3 days prior to the hearing.
DWD 140.22(3)(b) (b) At the hearing, the administrative law judge may accept the affidavit as evidence as provided under s. DWD 140.16.
DWD 140.22 History History: CR 13-106: cr. Register July 2014 No. 703, eff. 8-1-14.
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Report errors (608) 266-3151.